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(영문) 대구지방법원 안동지원 2018.01.16 2017고단264
산림보호법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

On March 4, 2017, the Defendant: (a) around 15:10 permanent residence, and around 15:10, the Defendant, despite being surrounded by forests, was negligent in moving living wastes generated from the Tracter’s residential area into dry field bank; (b) was immediately unreshed into neighboring forests and fields; and (c) laid down the instant land for about 5:40 minutes and about 13 minutes from around 20:50 to around 20:50; (d) was 123,183 square meters of forest area, small trees, and one kind of 12,704 square meters (or 1,279.56 cubic meters at registered 1,279.56 cubic meters), including standing trees damage amounting to 72,844,140 won, 26,69,650 won of the Emermeral area, and suffered property damage equivalent to KRW 16,300,100,500 won,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Investigation report (on-site survey report at an area where a forest fire has occurred);

1. A survey report on actual conditions;

1. The application of Acts and subordinate statutes to a map of location where forest fire has occurred, a forestry map of damaged area where forest fire has occurred, a field map of damaged area where forest fire has occurred, a check of damaged area of forest fire, a photograph of damaged area of forest fire, a camping site and the registered standing timber, a statement of damaged area of forest fire, a estimate for repair works in Emeras, a estimates of forest fire monitoring tower, and a statement of calculation of damaged

1. Relevant provisions of the Act concerning facts constituting an offense and Article 53 (4) of the Forest Protection Act concerning the selection of punishment.

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter the following grounds for sentencing): The defendant is recognized as committing a crime and is against the law.

From among forest owners who suffered losses caused by forests and fields, I, J, K, L, M, N,O, P, Q, and R agreed to deposit KRW 10 million for C closing.

After the defendant was sentenced to a suspended sentence due to his previous conviction in 1998, he has no record of crime.

Although this case was caused by negligence, the damage area reaches approximately 123,183 square meters, and the cost incurred in restoring it and other damage amount is the total of KRW 1 billion.

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